U.S. District Judge Lucy Koh in San Jose, Calif., handed Samsung a win Monday, overturning an injunction barring U.S. sales of Samsung’s Galaxy Tab 10.1 tablet (http://xrl.us/bnscqq). She had originally ordered the temporary sales ban prior to a trial to decide dueling lawsuits brought by Apple and Samsung over claims of patent infringement. A federal jury ruled Aug. 24 that Samsung had violated multiple Apple patents related to that company’s iPhone products. The jury found Samsung had not infringed on an Apple design patent on its iPad products, which was the sole basis for the injunction (CD Aug 30 p9). “The jury has found otherwise,” Koh said in her ruling Monday. “Thus, the sole basis for the June 26 preliminary injunction no longer exists.” Koh originally refused to rule last month on lifting the injunction. The U.S. Court of Appeals for the Federal Circuit ruled Friday that she could rule on the case, but said in its ruling that it would not give its opinion on the case. Koh said in the ruling that she is also retaining Apple’s $2.6 million bond on the injunction. She will decide whether to award the bond money to Samsung based on the outcome of post-trial motions in the case. Koh is set to make a final ruling on the post-trial motions in December. Neither Samsung nor Apple immediately commented on the ruling.
The International Trade Commission is publishing notices in the Oct. 3 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
The International Trade Administration initiated a new shipper review for the antidumping duty order on certain frozen fish fillets from Vietnam (A-552-801) at the request of Golden Quality Seafood Corp. The ITA will determine if this company is eligible for an estimated AD cash deposit rate other than the Vietnam-wide entity rate it currently receives.
The International Trade Administration made a preliminary affirmative antidumping determination that drawn stainless steel sinks from China (A-570-983) are being sold in the U.S. at less than fair value. The ITA found preliminary AD rates of 54.25% to 76.53%, which are effective Oct. 4. CBP is expected to implement these AD cash deposit/bond requirements soon. Pursuant to the ITA's October 2011 final rule, no bond will be accepted in lieu of a cash deposit.
U.S. District Judge Lucy Koh in San Jose, Calif., handed Samsung a win Monday, overturning an injunction barring U.S. sales of Samsung’s Galaxy Tab 10.1 tablet (http://xrl.us/bnscqq). She had originally ordered the temporary sales ban prior to a trial to decide dueling lawsuits brought by Apple and Samsung over claims of patent infringement. A federal jury ruled Aug. 24 that Samsung had violated multiple Apple patents related to that company’s iPhone products. The jury found Samsung had not infringed on an Apple design patent on its iPad products, which was the sole basis for the injunction (WID Aug 30 p4). “The jury has found otherwise,” Koh said in her ruling Monday. “Thus, the sole basis for the June 26 preliminary injunction no longer exists.” Koh originally refused to rule last month on lifting the injunction. The U.S. Court of Appeals for the Federal Circuit ruled Friday that she could rule on the case, but said in its ruling that it would not give its opinion on the case. Koh said in the ruling that she is also retaining Apple’s $2.6 million bond on the injunction. She will decide whether to award the bond money to Samsung based on the outcome of post-trial motions in the case. Koh is set to make a final ruling on the post-trial motions in December. Neither Samsung nor Apple immediately commented on the ruling.
U.S. District Judge Lucy Koh in San Jose, Calif., handed Samsung a win Monday, overturning an injunction barring U.S. sales of Samsung’s Galaxy Tab 10.1 tablet (http://xrl.us/bnscqq). She had originally ordered the temporary sales ban prior to a trial to decide dueling lawsuits brought by Apple and Samsung over claims of patent infringement. A federal jury ruled Aug. 24 that Samsung had violated multiple Apple patents related to that company’s iPhone products. The jury found Samsung had not infringed on an Apple design patent on its iPad products, which was the sole basis for the injunction (CED Aug 30 p5). “The jury has found otherwise,” Koh said in her ruling Monday. “Thus, the sole basis for the June 26 preliminary injunction no longer exists.” Koh originally refused to rule last month on lifting the injunction. The U.S. Court of Appeals for the Federal Circuit ruled Friday that she could rule on the case, but said in its ruling that it would not give its opinion on the case. Koh said in the ruling that she is also retaining Apple’s $2.6 million bond on the injunction. She will decide whether to award the bond money to Samsung based on the outcome of post-trial motions in the case. Koh is set to make a final ruling on the post-trial motions in December. Neither Samsung nor Apple immediately commented on the ruling.
NTIA acknowledged that a one-size-fits-all approach won’t work for sharing federal spectrum with commercial users, in a document released this week responding to recommendations by a Commerce Spectrum Management Advisory Committee working group. The NTIA response is slated for discussion at the CSMAC meeting Thursday, the group’s last of the year. In May, NTIA instructed the CSMAC to refocus on sharing between commercial and federal users in the 1695-1710 MHz and 1755-1850 MHz bands (CD May 31 p1).
The International Trade Administration published notices in the Oct. 2 Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
Microsoft was “pleased” that a three-judge panel at the 9th U.S. Appeals Court ruled that Motorola Mobility can’t enforce a German court order barring Microsoft from selling Xbox products in Germany, said David Howard, Microsoft deputy general counsel. Motorola Mobility, recently purchased by Google, didn’t immediately comment.
Microsoft was “pleased” that a three-judge panel at the 9th U.S. Circuit Court of Appeals ruled that Motorola Mobility can’t enforce a German court order barring Microsoft from selling Xbox products in Germany, said David Howard, Microsoft deputy general counsel. Motorola Mobility, recently purchased by Google, didn’t immediately comment.